EMBs need access to the legislature to ensure that their views are considered in developing electoral legal frameworks and electoral resource allocations, and to obtain feedback on their performance from an important stakeholder. This access can be facilitated by having a formal point of contact in the legislature. In Australia for example, this is a special standing committee of the legislature, while in Namibia it is the speaker of the legislature. In the Solomon Islands, the speaker of the legislature is also the chair of the EMB.
The legislature is the body usually responsible for making laws, including electoral laws, and it may also approve the government budget and scrutinize all public accounts, including those of the EMB. In many countries, the EMB is required by law or convention to submit election reports and annual reports to the legislature. Maintaining a good relationship with the legislature lets an EMB put forward its budget proposals and reports knowing that they will be dealt with by a body that has some understanding of its activities.
In Costa Rica, the EMB is able to propose amendments to the electoral law to the legislature. In Canada and Palestine, the EMB may make recommendations for amendments to electoral laws, although this is done by a line ministry or a government office in many other countries. Recommendations regarding amendment to the electoral law are also a major part of the remit of the UK Electoral Commission, which does not have responsibility for organizing elections —although it acts as an EMB for referendums (see the case study on page 302). EMBs may play a particularly important role in developing electoral legal frameworks in emerging democracies. EMBs should liaise with the legislature to sensitize it about electoral reform needs and the importance of passing amendments to electoral laws long enough before an electoral event to allow the EMB to make appropriate preparations. There are numerous examples of delays in lawmaking that have affected electoral performance, as in Malawi in 1997 and Timor-Leste in 2006–07, which arose from procrastination or lack of understanding or cooperation between the legislature and the EMB or between the legislature and the head of state.
